GEORGIA, TERRELL COUNTY
Under and by virtue of the power of sale contained in that certain Deed to Secure Debt, dated August 26, 2011, from Mark Ponder To Bank of Dawson, and filed for record on August 30, 2011, and recorded in Deed Book 9Z, Pages 177-180, in the Office of the Clerk of the Superior Court of Terrell County, Georgia, the undersigned will sell at public outcry during the legal hours of sale before the Courthouse in Terrell County, Georgia, on the first Tuesday in December, 2012, to the highest bidder for cash, the following described real property, to-wit:
All that tract or parcel of land lying and being in the City of Dawson, Terrell County, Georgia, being a tract of land lying on the south side of East 12th Avenue in said City, containing one grocery store building (commonly known as Ham's Grocery Store) and also one small storehouse west of the grocery store building described as follows: Begin at the northwest corner of Mathis Lot on the south edge of 12th Avenue and run south a distance of 180 feet to the southwest corner of Mathis Lot; thence run in a northwesterly direction 45 feet to R.U. Mack line; thence north along the east lot line of R.U. Mack 121.7 feet to the south edge of 12th Avenue; thence back east along the south edge of 12th Avenue and the point of beginning.
Said property is bounded as follows: on the north by East 12th Avenue, on the east by property now or formerly known as the Mathis tenant house, on the south by property, now or formerly owned by Jim Howard and an alley (not opened) on the west by property now or formerly owned by R.U. Mack.
Said property is the same tract or parcel of land conveyed by J.T. Mathis as Grantor to Robert H. Ham as Grantee on the 10th day of January, 1983, by warranty deed, said deed being duly recorded in Deed Book 2-P, Page 540 in the Clerk's office of the Terrell County Superior Court.
The debt secured by said Deed to Secure Debt is evidenced by one note from Mark Ponder in favor of Bank of Dawson, dated August 26, 2011 in the principal amount of Thirteen Thousand Sixty-Two and 80/100 ($13,062.80) Dollars.
The debt secured by said Deed to Secure Debt and evidenced by said note has been and is hereby declared due and payable because of Grantor's failure to pay said note as the same became due. The debt remaining in default, this sale will be made for the purpose of paying said indebtedness including all accrued and unpaid interest thereon and attorney's fees and all expenses of said sale.
Pursuant to O.C.G.A. 44-14-162.2, the person who shall have full authority to negotiate, amend, and modify all terms of the mortgage with the debtor is as follows: Bank of Dawson, P.O. Box 230, Dawson, Georgia 39842. Provided however, such person shall not be required to negotiate, amend or modify the terms of a mortgage instrument.
This property will be sold as the property of Mark Ponder, who, to the best of the undersigned's knowledge and belief is the party in possession of said property.
Notice has been given of intention to enforce provisions for collection of attorney's fees and foreclosure in accordance with legal requirements and the terms of said Deed to Secure Debt and note.
Said property will be sold subject to any and all unpaid taxes and assessments, if any, and other restrictions and easements of record, if any.
This law firm is attempting to collect a debt and any information obtained will be used for that purpose.
Bank of Dawson
As Attorney In Fact For
COLLIER & GAMBLE, LLP
As Attorneys For
Bank of Dawson
This Document Prepared By:
Edward R. Collier
State Bar No.: 0178064
COLLIER & GAMBLE, LLP
Attorneys at Law
P.O. Box 577
Dawson, GA 39842